common gam- Magistrate may require sons appre hended to give [17-18 V., c. evidence. 38, s. 5.] obstructed or delayed in entering the same or any part thereof, -or if any external or internal door of, or means of access to any such house, room or place so authorized to be entered, is found to be fitted or provided with any bolt, bar, chain or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into the same, or any part thereof, of any constable or officer authorized, as aforesaid, or for giving an alarm in case of such entry,-or if any such house, room or place is found fitted or provided with any means or contrivance for unlawful gaming, or with any means or contrivance for concealing, removing or destroying any instruments of gaming, it shall be evidence, until the contrary is made to appear, that such house, room or place is used as a common gaming house, and that the persons found therein were unlawfully playing therein. 38 V., c. 41, s. 5. 9. The police magistrate, mayor or justice of the peace, before any of the per- whom any person is brought who has been found in any house, room or place, entered in pursuance of any warrant or order issued under this Act, may require any such person to be examined on oath and to give evidence touching any unlawful gaming in such house, room or place, or touching any act done for the purpose of preventing, obstructing or delaying the entry into such house, room or place, or any part thereof, of any constable or officer authorized as aforesaid; and no person so required to be examined as a witness shall be excused from being so examined when brought before such police magistrate, mayor or justice of the peace, or from being so examined at any subsequent time by or before the police magistrate or mayor or any justice of the peace, or by or before any court, on any proceeding, or on the trial of any indictment, information, action or suit in anywise relating to such unlawful gaming, or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid, on the ground that his evidence will tend to criminate himself; and any such person so required to be examined as a witness who refuses to make oath accordingly, or to answer any such question, shall be subject to be dealt with in all respects as any person appearing as a witness before any justice or court in obedience to a summons or subpœna and refusing without lawful cause or excuse to be sworn or to give evidence, may, by law, be dealt with; but nothing in this section shall render any offender, under the sixth section of this Act, liable on his trial to examination hereunder. 38 V., c. 41, s. 6;-40 V., c. 33, s. 4, part. Punishment of persons refusing to give evidence. Such witnesses mak ing a full dis covery to be 10. Every person so required to be examined as a witness, who, upon such examination, makes true disclosure, to the best of his knowledge, of all things as to which he is examined free from all shall receive from the judge, justice of the peace, magistrate, examiner or other judicial officer before whom such proceeding is had, a certificate in writing to that effect, and penalties, on certificate. s. 9; 17-18 V., What the cerforth. tificate must shall be freed from all criminal prosecutions and penal actions, [8-9 V., c. 109, and from all penalties, forfeitures and punishments to which he c. 38, s. 6.] has become liable for anything done before that time in respect of the matters regarding which he has been examined; but such certificate shall not be effectual for the purpose aforesaid, unless it states that such witness made a true disclosure in respect to all things as to which he was examined; and any action, indictment or proceedings pending or brought in any court against such witness, in respect of any act of gaming regarding which he was so examined, shall be stayed, upon the production and proof of such certificate, and upon summary application to the court in which such action, indictment or proceeding is pending, or any judge thereof, or any judge of any of the superior courts of any Province. 38 V., c. 41, s. 7. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most A. D. 1886. Interpretation. Personal CHAPTER 159. An Act respecting Lotteries, Betting and Pool-selling. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In this Act, unless the context otherwise requires.— (a.) The expression "personal property" includes every property." description of money, chattel and valuable security, and every kind of personal property; Real pro66 perty. (b.) The expression "real property" includes every description of land, and all estates and interests therein. C.S.C., c. 95, s. 7. Penalty for [8 G. I, c. 2, Penalty for buying or receiving lottery tickets. [8 G. I, c. 2, 8. 37; 12 G. II, c. 28, s. 3.] Sales, &c., founded on [12 G. II, c. 28, s. 4.] LOTTERIES. 2. Every one who makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan, for advancing, lending, giving, selling or in any way disposing of any property, either real or personal, by lots, cards, tickets, or any mode of chance whatsoever, or sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in the sale, barter, exchange or other disposal of, or offers for sale, barter or ex. change, any lot, card, ticket or other means or device, for advancing, lending, giving, selling or otherwise disposing of any property, real or personal, by lots, tickets or any mode of chance whatsoever, shall be liable, on summary conviction, to a penalty of twenty dollars. C.S.C., c. 95, s. 1. 3. Every one who buys, barters, exchanges, takes or receives any such lot, card, ticket, or other device, shall be liable, on summary conviction, to a penalty of twenty dollars. C.S.C., c. 95, s. 2. 4. Every sale, loan, gift, barter or exchange of any real or lotteries void. personal property, by any lottery, ticket, card or other mode of chance whatsoever, depending upon or to be determined by chance or lot, shall be void, and all such real or personal property so sold, lent, given, bartered or exchanged, shall be forfeited to any person who sues for the same by action or information in any court of competent jurisdiction. C.S.C., c. 95, s. 3. 1886. Lotteries, Betting and Pool-selling. Chap. 159. 55 chaser with 5. No such forfeiture shall affect any right or title to such As to purreal or personal property acquired by any bonâ fide purchaser out notice. for valuable consideration, without notice. C. S. C., c. 95, s. 4. of foreign 6. The provisions of this Act shall extend to the printing or Act to extend publishing, or causing to be printed or published, of any adver- to publication tisement, scheme, proposal or plan of any foreign lottery, and lottery to the sale, or offer for sale, of any ticket, chance or share, in any such lottery, or to the advertisement for sale of such ticket, . I. c. 19, chance or share. C. S. C., c. 95, s. 6. schemes.. [9 G. s. 4; 6 G. II, c. 35, s. 29; 6-7 W. IV, c. 66.] fide division of 7. Nothing in this Act contained, shall prevent joint tenants, As to ná or tenants in common, or persons having joint interests (droits property held indivis) in any real or personal property, from dividing such in common. property by lot or chance in the same manner as if this Act 12 G. II, c. had not been passed. C. S. C., c. 95, s. 9. 28, s. 11.] Act not to apply S. Nothing in this Act shall apply,(a.) To raffles for prizes of small value, at any bazaar held To raffles at for any charitable object, if permission to hold the same has bazaars. been obtained from the city or other municipal council, or from the mayor, reeve or other chief officer of the city, town or other municipality, wherein such bazaar is held, and the articles raffled for have thereat first been offered for sale, and none of them are of a value exceeding fifty dollars; bution by lot (b.) To any distribution by lot, among the members or ticket Or to distri holders of any incorporated society established for the encour of works of agement of art, of any paintings, drawings or other work of art. art, produced by the labour of the members of, or published by or under the direction of such incorporated society. 23 V. (Can.), c. 36;-46 V, c. 36. BETTING AND POOL-SELLING. 9. Every one who,— Persons Use premises (a) Uses or knowingly allows any part of any premises who under his control to be used for the purpose of recording or for poolregistering any bet or wager, or selling any pool, selling, &c. purpose. (b) Keeps, exhibits, or employs, or knowingly allows to be Keep apparkept, exhibited or employed, in any part of any premises under atus for such his control, any device or apparatus, for the purpose of record- [16-17 V., c. ing or registering any bet or wager or selling any pool,- 119, ss. 1-4.] (c.) Becomes the custodian or depositary of any money, pro- Become cusperty, or valuable thing staked, wagered or pledged, or, todians of wagers. or sell pools (d.) Records or registers any bet or wager, or sells any Record bets pool,Upon the result of any political or municipal election, or of On events any race, or of any contest or trial of skill or endurance of man specified. or beast, 56 Punishment. tend to holders of Chap. 159. Lotteries, Betting and Pool-selling. 49 VICT. Is guilty of a misdemeanour, and liable to a fine not exceeding one thousand dollars, and to imprisonment for any term not exceeding one year: Act not to ex- 2. Nothing in this section shall apply to any person by reason of his becoming the custodian or depositary of any stakes in cer- money, property or valuable thing staked, to be paid to the winner of any lawful race, sport, game or exercise, or to the owner of any horse engaged in any lawful race, or to bets between individuals. 40 V., c. 31, ss. 1 and 2. tain cases. [16-17 V., c. 119, s. 6.] OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. |